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Search Results for "furlough"

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Supreme Court

Supreme Court Quashes Furlough Grant to Convict in Rape Case Due to Threat to Witnesses and Public Order. Furlough is not an absolute right but subject to conditions under the Bombay Furlough and Parole Rules, 1959, and must consider witness safety and public peace, as the convict had a criminal network and history of witness intimidation.

20 Oct 2021

The appeal arose from a judgment of the High Court of Gujarat dated 24 June 2021, which directed the release of the respondent on furlough. The respon...

High Court

Bombay High Court Allows Furlough to Life Convict in Furlough Rejection Case — Nature of Offence Not a Valid Ground for Denial Under Prisons (Bombay Furlough and Parole) Rules, 1959. Furlough is a right, not a privilege, and cannot be denied solely because the prisoner was convicted under Section 366 IPC.

4 Sep 2013

The petitioner, Subhash Hiralal Bhosale, was convicted under Sections 376(2), 366, 342, 506(II) read with 120(B) of the Indian Penal Code and sentence...

High Court

Bombay High Court Allows Furlough for Prisoners Despite Past Overstay on Parole — Overstay Not a Permanent Bar Under Prisons (Bombay Furlough) Rules, 1959. The Court held that furlough is a right of a prisoner and past overstay on parole cannot be a permanent bar for grant of furlough.

28 Jun 2006

The judgment concerns three criminal writ petitions filed by prisoners whose applications for furlough leave were rejected by the prison authorities o...

High Court

Bombay High Court Quashes Notification Denying Furlough to Convicts Under Section 364 IPC — Rule 4(13) of Furlough and Parole Rules Held Ultra Vires. The Court held that the classification of convicts under Section 364 IPC as ineligible for furlough is arbitrary and violative of Article 14 of the Constitution.

5 May 2016

The petitioner, Santosh Namdeo Bhukan, was convicted under Sections 364, 302, and 201 of the Indian Penal Code (IPC) by the Additional Sessions Judge,...

High Court

Bombay High Court Dismisses Furlough Petition for Convict Under Section 376 IPC — Government Notifications Substituted, No Further Relief Required. Conviction for rape under Section 376 IPC is a valid ground for rejecting furlough, and the prayer for rectification of substituted notifications is infructuous.

25 Apr 2018

The petitioner, Pundalik G. Gole, was convicted by the learned Sessions Judge, Mumbai in Sessions Case No. 669 of 2011 for offences under Sections 376...

High Court

Bombay High Court Strikes Down Sub-Rule 13 of Furlough Rules as Ultra Vires and Discriminatory — Convicts Convicted for Kidnapping Cannot Be Blanketly Denied Furlough. Sub-rule 13 of Rule 4 of the Maharashtra Prisons (Furlough and Parole) Rules, 1959, which excluded prisoners convicted for kidnapping from furlough, held arbitrary and violative of Article 14 of the Constitution.

28 Apr 2016

The petitioner, Sharad Devaram Shelake, was convicted by the Additional Sessions Judge, Pune under Sections 302 and 364 of the Indian Penal Code (IPC)...

High Court

Bombay High Court Allows Furlough for Life Convict Despite No Relative, Interpreting 'Relative' Broadly Under Goa Prison Rules. The court directed reconsideration of furlough application treating a non-relative as 'relative' under Rule 316(3) of Goa Prison Rules, 2006.

16 Jan 2019

The petitioner, Bhau Valve, a life convict under Section 8(2) of the Goa Childrens Act, 2003 for sexually assaulting his daughter, had served nearly 1...

High Court

Bombay High Court Allows Prisoners' Furlough Petitions — Imposition of Condition to Stay Outside District Held Invalid Under Prisons (Bombay Furlough and Parole) Rules, 1959. Competent Authority Cannot Impose Condition Not Contemplated by Rules; Orders Rejecting Furlough Set Aside.

12 Feb 2019

The judgment concerns two criminal writ petitions filed by prisoners challenging orders rejecting their applications for furlough. The petitioners, Ra...

High Court

Bombay High Court Allows Furlough to Convicts Despite Past Overstay, Emphasizes Reformative Purpose of Furlough. Furlough is a right of a prisoner and cannot be denied solely on ground of past overstay without considering subsequent good conduct and period of incarceration.

26 Nov 2019

The judgment pertains to two criminal writ petitions filed by convicts Satish Shankarrao Shinde and Nagnath Bapurao Sontakke, challenging the rejectio...

High Court

Bombay High Court Allows Furlough Leave Petitions Despite Past Overstay, Holding That Past Abscondence Cannot Be a Permanent Bar. The court ruled that each application must be considered on its own merits under the Prison (Bombay Furlough and Parole) Rules, 1959, and set aside the rejection orders for reconsideration.

25 Feb 2005

The judgment concerns two criminal writ petitions filed by convicts Ramchandra Raghu Naik and Bindu Ramchandra More, challenging the rejection of thei...

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